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Poster: Administrator, Curator, or StaffJonathan Aizen Date: Jul 9, 2003 6:31am
Forum: etree Subject: Re: Old 78rpm Recordings

If you can look into the issues, perhaps by contacting that record label, that'd be super.

Perhaps this thread is best suited for the Open Source Audio forum. Thanks for bringing it up!

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Poster: Tribe Date: Jul 9, 2003 10:27am
Forum: etree Subject: Re: Old 78rpm Recordings

I've gone forward and submitted an email to Old Hat Records http://www.oldhatrecords.com/ which specialize is re-issues of American Old-Timey String Band music and Coutry Blues from 78rpm issues. I'd be interested in hearing what they have to say about any copyright issues that may have come up in regard to their compilations (which, by the way, are absolutely fantastic collections).

While we wait, I've come across Circular 22 from the Copyright Office of the Library of Congress at http://www.loc.gov/copyright/circs/circ22.html#public.

The Circular appears to take the position that many recordings issued prior to 1978 that did not have an individual copyright notice fell into the public domain upon publication. While this general rule is riddled with important exceptions, when we're dealing with recordings from the 20s and 30s I doubt very much that any of those records had a notice of copyright attached. Moreover, the individual tunes or songs underlying each performance probably were in the public domain decades before they were actually recorded (at least when talking about old time fiddle tunes, folk songs, country blues and similar tunes).

Tribe

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Poster: Administrator, Curator, or StaffMark Phillips Date: Jul 22, 2003 3:04am
Forum: etree Subject: Re: Old 78rpm Recordings

just because the song is in public domain before it is recorded, doesn't mean that the recording is then in public domain.

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Poster: Tribe Date: Jul 22, 2003 4:28am
Forum: etree Subject: Re: Old 78rpm Recordings

No one has ever said that the mere fact the a particular tune was in the public domain would cause a performance or recording of that tune to fall into the public domain. The recording itself, however, under the Copyright statutes in existence back then, would have fallen into the public domain if it did not carry a copyright notice or was not otherwise registered.

This post was modified by Tribe on 2003-07-22 11:28:43

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Poster: Administrator, Curator, or Staffbrewster Date: Jul 9, 2003 3:21pm
Forum: etree Subject: Re: Old 78rpm Recordings

there is a helpful book called "Public Domain" on Nolo press that tries to go over what is PD under US law.

-brewster

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